Divorce Questions & Answers

Q: Does a child support check need to come from a bank account with the payor\\\'s name on it or can a girlfriend pay it?

2 Answers | Asked in Divorce for Oklahoma on Aug 30, 2015

Answered on Aug 30, 2015

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Timothy J. Pickens' answer
Anyone can pay. But, whoever pays better clearly print on the check that the payment is specically for ChildSupport and print the name of who owes the ChildSupport. Contact a local Oklahoma Attorney to assist you further. TJP

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Q: joint custody

1 Answer | Asked in Divorce for California on Aug 26, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
Joint means custody is shared. It does not mean the custody has to be 50/50. Having the kids live with one parent during the week and then the other parent having visitation on the weekends is extremely common.

Andy

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Q: I filled out divorce questions online and went through but i had not paid yet how do i cancel that process ?

1 Answer | Asked in Divorce for California on Aug 29, 2015

Answered on Aug 30, 2015

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Andy Chen's answer
It may depend on the county in which you\'re in, but I am not aware of any county in California where a divorce can be filed online. You have to go to the family court in your county, bring the right forms, pay the $435 filing fee (or get a waiver) and then have the clerk stamp copies and give them back to you.

I don\'t know what you filled out online, but I don\'t think you actually started a case in which case there is nothing to cancel.

Andy

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Q: I have been separated and living apart from my ex since July 2009, he refused to divorce me and there is no Legal

1 Answer | Asked in Divorce for Ohio on Aug 29, 2015

Answered on Aug 30, 2015

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Matthew Williams' answer
You are still married and need to get a divorce. Not all divorces are agreed upon. Hopefully, you know where to find your husband. File paperwork for a contested divorce. Getting an attorney would be a good idea.

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Q: In Ohio, can you file for a dissolution after 20 years of marriage?

1 Answer | Asked in Divorce for Ohio on Aug 29, 2015

Answered on Aug 30, 2015

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Matthew Williams' answer
Yes. Dissolution is merely a no-fault, agreed upon divorce proceeding. The requirements are: (1) jurisdiction and venue--at least one party must have resided in Ohio for the past six months or more and the dissolution must be filed in a court with jurisdiction over the place in which at least one party resides; (2) separation agreement--both parties must voluntarily agree to the dissolution and complete paper work outlining the distribution of property and parental rights and making provisions...

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Q: Husband and I going through divorce. We have a child. We come to an agreement. It was signed, notarized and filed at the

2 Answers | Asked in Divorce and Family Law for Florida on Aug 29, 2015

Answered on Aug 29, 2015

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Robert Jason De Groot's answer
He has to agree to a modification of the agreement in order for it to be changed. That could perhaps be in an addendum to it.

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Q: If I terminate my rights as a father will I still have to pay the child support that is court ordered through our divorc

1 Answer | Asked in Divorce for Georgia on Aug 27, 2015

Answered on Aug 28, 2015

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Julie A. Rice's answer
You can\'t just terminate your rights unless the mother wants you to terminate your rights. If there is someone else who wants to adopt your child, then you can terminate your rights. If you want to terminate your rights just so you don\'t have to pay child support let me put it this way; THAT IS LAME! Georgia courts consider child support a right of the child and not a right of the parents so you are going to pay unless and until someone wants to adopt the child so wake up and be a father...

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Q: can the other women be punished for commenting adultery with my husband, if they knew we were married?

1 Answer | Asked in Divorce for Georgia on Aug 27, 2015

Answered on Aug 28, 2015

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Julie A. Rice's answer
Your husband can be punished and I am sure he will be. Google the Official Code of Georgia Annotated and you can see if there is a case where the woman is punished. She wasn\'t married; he was.

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Q: If I\\\'m court ordered through my divorce to pay child support will my amount go down if I have another cs case

1 Answer | Asked in Divorce and Family Law for Georgia on Aug 27, 2015

Answered on Aug 28, 2015

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Julie A. Rice's answer
Maybe. It all depends on how the numbers come out from the GA Child Support Guidelines.

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Q: My daughter is 17 and works full time and is not going to school- can I stop child support in ga if we go back to court?

1 Answer | Asked in Divorce and Family Law for Georgia on Aug 27, 2015

Answered on Aug 28, 2015

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Julie A. Rice's answer
If she is emancipated and can support herself, then you can try to hire a lawyer stating there has been a significant change in circumstances and then the court will decide and it is solely up to the court\'s discretion whether or not you will or will not pay child support. Why don\'t you take it one step further and give your daughter a place to live at your house so she can get a real head start instead of both of you just watching this young child take care of herself. She might...

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Q: For serving divorce summons there is conflicting information. It says I can not serve my spouse the summons but then it

1 Answer | Asked in Divorce for Michigan on Aug 27, 2015

Answered on Aug 28, 2015

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Terrence H Thorgaard's answer
No, it appears that you don\'t have to get her formally served with process if she will sign the acknowledgment of service.

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Q: Bought a condo with 1/2 my pre-marital funds and the other 1/2 from my dad. How can I save the condo during divorce?

2 Answers | Asked in Divorce for Florida on Aug 26, 2015

Answered on Aug 26, 2015

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Robert Jason De Groot's answer
It appears that you need to claim a \"special equity\" in the condo. But I do not have enough facts here to make a solid determination and would need to do a bunch of research on this topic, as well as resulting trust to see if that even remotely applies. The best thing you can do is get an attorney on your side who has practiced family law for decades.

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Q: how is my husband able to get legal aid help but i can\\\'t he makes so much more money than i do.

1 Answer | Asked in Divorce for Ohio on Aug 25, 2015

Answered on Aug 25, 2015

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Matthew Williams' answer
This is not an unfamiliar tactic. Some folks go to get a divorce lawyer and find out half the lawyers in the city have talked to their spouse and their spouse about it and therefore cannot represent them. Legal Aid isn\'t turning you down over money. They are turning you down because it creates a conflict of interest when their lawyers work for both sides. Contact your local bar association to see if they have a list of attorneys willing to work at a reduced rate. Even still, don\'t expect it...

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Q: I'm just starting a divorce. My husband suddenly took my name off the truck 's title can i do anything about it

2 Answers | Asked in Divorce for California on Aug 18, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
This could be a violation of the automatic temporary restraining order that goes in to effect whenever a divorce is filed. ATROS violations are illegal, but unfortunately, you need to go to court to let the judge know, get relief (e.g. one of the vehicles), etc. You will likely need a lawyer to help you as ATROS violations are fairly complex.

Andy

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Q: Divorce

1 Answer | Asked in Divorce for California on Aug 19, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
You can certainly try to seek those things, but the one big fact that works against you is that you and he have been separated for so long already. You\'ll need to explain why, after 17 years, you have not become financially self-sustaining and instead want to rely on your husband.

Andy

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Q: how through a divorce

1 Answer | Asked in Divorce for California on Aug 20, 2015

Answered on Aug 25, 2015

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Andy Chen's answer
Joint custody means you and he each have 50% time with the kids over the course of a year. Thus, if he wants the kids every other weekend, then (I assume) you\'ll have them the other weekends. The same thing applies to holidays. You might have Christmas Eve and he gets Christmas Day, for example.

Andy

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Q: My wife whom I sponsored for green card is now away back in home country. Can I file and serve divorce from NY?

1 Answer | Asked in Divorce and Immigration Law for New York on Aug 24, 2015

Answered on Aug 25, 2015

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Camlinh Nguyen Rogers' answer
Seek advice from an experienced NY family and criminal attorney. Good luck. www.aba-us.com

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Q: hello i have a lawyer and am curious if there doing there job. i filed for divorce 5 months ago. my wife is avoiding it

1 Answer | Asked in Divorce for Florida on Aug 24, 2015

Answered on Aug 25, 2015

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Robert Jason De Groot's answer
You need to ask your own lawyer about this. When I have a contested matter, as it appears you do, I feel lucky to get it completed within a year.

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Q: How can I protect my house in a case of divorce from my wife

1 Answer | Asked in Divorce for Rhode Island on Jul 13, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
These are complex issues that are best addressed in a private meeting with an attorney. There are agreements that can be written after marriage that are like prenuptial agreements. There are many reasons the agreement may be found invalid which is why a private and confidential meeting will likely best serve your needs and answer all of your questions.

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Q: My divorce was final 3 years ago. What do I need to do at this point to change my name back to my maiden name?

1 Answer | Asked in Divorce for Rhode Island on Aug 19, 2015

Answered on Aug 24, 2015

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Neville Bedford's answer
Take that Certified Copy of the Final Judgement that orders the name change to the Registry and Social Security Office.

https://www.dmv.org/ri-rhode-island/changing-your-name.php

http://www.socialsecurity.gov/forms/ss-5.pdf

and follow the procedures for professional licenses etcetera. . .

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